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An Australian court has ruled against Apple, who have just lost their case against the Samsung Galaxy Tab 10.1 in Australia. However, Apple quickly sought to prolong the ban until Friday, when it will make a case for an appeal against the decision.

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The verdict, delivered by Justice Lindsey Foster in Sydney Federal Court room at 12.30 today, means that Samsung Galaxy Tab 10.1 could be legally on sale in Australia as soon as Friday, if Apple’s appeal is rejected.

The judgement was following deliberations by a three judge panel, consisting of Justice’s Dowsett, Foster and Yates, who dismissed Apple’s interlocutory injunction against the sale of of the Samsung’s Galaxy Tab 10.1.

Apple may also have to pay costs to its Tab rival, according to the ruling.

However, we will now have to wait unti Friday to see if the Android Tab 10.1 will be sold here, for certain.

Cupertino claims the device infringes on its intellectual patents and “slavishly” copies the iPad 2.

Apple counsel Steve Burley applied for “special leave” to submit documents to appeal today’s decision, which means the iPad 2 could now have a major rival on its hands – in the form of the ‘thinner and lighter’ Android Honeycomb Tab.

Apple will suffer “immediate and irreparable harm” wit the release of the Tab, Burley insisted, noting it was 6pm in California, but could bring an appeals case to the table by Friday.

However, Samsung counsel Neil Young insisted the leave “should not be granted. This is not a case where stay is applicable,” he insisted. 

 

“Any stay no matter how short given the immediacy of the Christmas period would injure Samsung,” Young added.

The Judge granted the leave to Apple to file an interlocutory application, to appeal today’s ruling until this Friday December 02 at 4pm.

However, Apple will not be allowed more time to mull over its position, the Judge warned.

“Whilst its open for you clients to come back, if you wish to extend [it] may go to the High Court,” he said.

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